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Terms and Conditions

Terms of Use

Your access to and/or any use of the Content (as defined below) on the website ("Website") of Canadian Hospital Specialties ULC ("CHS") is conditional on your accepting and continuing to comply with the following disclaimers, limitations of liability and Website terms of use (collectively "Terms of Use"). Your use of the Website confirms your acceptance of the Terms of Use as amended at the time you access or use the Website. CHS may change these Terms of Use from time to time and at any time by posting the amended version on the Website but without other notice and you agree to check for such changes when you visit this Website. If you do not accept these Terms of Use, including any amendments or changes, then you should not access this Website.

Effective Date

These Terms of Use are effective as of December 17, 2009.

Content

Content contained in this Website is for general information purposes only. "Content" means any and all information perceivable by the senses, including both textual and graphic information, contained or available on or in this Website. The Content may be updated, modified, amended or deleted from time to time, at any time and without notice in the sole discretion of CHS.

All Proprietary and Other Rights Reserved

This Website and Content are available only pursuant to the terms and conditions set out herein. Unless otherwise stated, the Content and the Website, including without limitation all right, title and interest therein, and the selection, arrangement, design, composition and architecture, and any enhancement thereof, are the exclusive property of CHS, or its licensors, all rights reserved. "CHS", the CHS logo and any other logos, design or marks contained in the Website or used by CHS are the exclusive property of CHS, all rights reserved. Any trademarks of third parties appear pursuant to any required licenses.

Grant of Limited Gratuitous License

You are granted a limited, revocable, conditional and non-exclusive license to download, display and print the Content for personal, non-commercial use only, provided you do not alter the contents thereof or publish, disseminate, copy or distribute the Content on a wider basis. Any use not expressly permitted in these Terms of Use is strictly prohibited without the written consent of CHS. This license may be withdrawn or terminated at any time by CHS without notice or any liability whatsoever to you.

Use of Content and Website

You agree to use the Content only as provided herein. You will not use the Content, or any portion thereof, for other than personal, non-commercial purposes and any use by you will at all times be in compliance with applicable laws and regulations. You will not do, or fail to do, anything which may interfere with or impede the operation of the Website or adversely impact the ability of others to access or use the Website or any Content.

Indemnity

You agree to defend, indemnify and forever hold CHS, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the Website, or with the transmission of any message or information by you to CHS.

Products and Services

While CHS makes commercially reasonable efforts to be accurate, CHS does not warrant or represent that any descriptions of the products or services contained in the Content or available via this Website are accurate, current, free of errors or reliable. All such information is subject to change without notice. No listing of any product or service on this Website or in the Content shall constitute an offer open to acceptance, but only an invitation to consider communicating with CHS with respect to the possibility of entering into a business or contractual relationship with CHS.

Monitoring and Communications

CHS may monitor your use of the Website and the Contents but accepts no obligation to do so. CHS reserves the right to monitor email and other electronic communications between CHS and third parties, including you, for the purposes of carrying out an investigation of any breach of these Terms of Use or any other contract, agreement or policy to which CHS is a party. Any communication between you and CHS will be subject to these Terms of Use and any personal information you provide to CHS shall be subject to our Privacy Policy. CHS does not guarantee or warrant the confidentiality of any communications via the Internet between you and CHS.

Territory and Regulatory Environment

CHS principally operates in Canada. These Terms of Use are subject to any applicable legislation or regulations that may have an effect other than stated herein. CHS reserves all its legal rights and protections under applicable laws, legislation and regulations. CHS's products and services are available only in CHS's territories of operations, and such territories are subject to change without notice.

Disclaimer

THE WEBSITE AND THE CONTENT ARE PROVIDED AT ALL TIMES STRICTLY ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. CHS DISCLAIMS, AND YOU RECEIVE, NO WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ANY FACT OR BY OPERATION OF LAW, STATUTE OR EQUITY, OR ARISING OUT OF ANY CUSTOM OF USAGE OR TRADE, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT, OR YOUR ACCESS TO, OR USE OF, EITHER THE WEBSITE OR THE CONTENT.
WHILE CHS GENERALLY MAKES COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE ACCURACY AND TIMELINESS OF HE CONTENT AND TO MAINTAIN THE AVAILABILITY OF THE WEBSITE ONLINE, CHS DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS OR CLAIMS AS TO THE VALIDITY, CORRECTNESS, CURRENCY, TIMELINESS, COMPLETENESS, OR OTHERWISE OF THE CONTENT OR ANY INFORMATION PROVIDED, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SATISFACTORY RESULTS, COMPLIANCE WITH ANY DESCRIPTION, OR NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF THIRD PARTY RIGHTS.
CHS DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE WILL OPERATE ERROR FREE OR BE AVAILABLE WITHOUT INTERRUPTION, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE OR DEVICES.
CHS ACCEPTS NO RESPONSIBILITY TO UPDATE THE WEBSITE OR THE CONTENT, OR ANY MATERIAL DOCUMENT CONTAINED THEREIN. THE CONTENT CANNOT BE RELIED ON AS SPECIFIC LEGAL, ACCOUNTING, BUSINESS, INVESTING, FINANCIAL OR TAX ADVICE AND CHS ACCEPTS NO RESPONSIBILITY WITH RESPECT TO ANY OF THE FOREGOING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL ACT TO DEROGATE FROM, ERODE OR REVOKE THE EFFECT OF THESE TERMS OF USE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHS, OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE OR RESPONSIBLE TO YOU, OR ANY PERSON CLAIMING THROUGH YOU, FOR ANY LOSS, CLAIM, COSTS OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, OR LOSS OF DATA, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, AND WHETHER ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE AND/OR THE CONTENT, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, AUTHORIZED OR UNAUTHORIZED, OF THE CONTENT OR ANY INFORMATION AVAILABLE VIA THE WEBSITE OR ANY THIRD PARTY WEBSITES OR LINKS THERETO. UNDER NO CIRCUMSTANCES WHATSOEVER WILL CHS, OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE FOR ANY SUCH CLAIM IN EXCESS OF ONE HUNDRED ($100.00) DOLLARS. THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY.

Third Party Links

This Website may contain links to other websites maintained by independent third parties over which CHS has no control. Any such links are provided solely as a convenience for users of this Website and do not constitute an endorsement by CHS of the content of such third party sites. CHS makes no representations and disclaims all responsibility for such privacy practices, contents or accuracy of content on any such third party website. Your use of such links is solely at your own risk. Links to this website may also be provided from other sites either known or unknown to CHS and access to any other website linked to or from the Website is at your own risk. The Internet is not a secure medium and is subject to possible interception, loss, corruption, or alteration of communication for which CHS assumes no liability.

Currency

Any and all monetary amounts mentioned in this website are in Canadian dollars unless otherwise noted.

Governing Law, Forum and Limitations

The laws of the Province of Ontario, and the laws of Canada applicable in Ontario, will govern your use of this Website and/or the Content and the interpretation, validity and effect of these Terms of Use, notwithstanding any conflict of laws provisions or your physical location, residence or domicile. You hereby consent, submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this Website and the Content, or your reliance thereon or use or misuse thereof, or the interpretation or construction of these Terms of Use. You agree not to commence any action or proceeding except in Toronto, Ontario, Canada, provided that nothing in the foregoing will restrict CHS from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain breach or threatened breach of these Terms of Use by you. You will not use the Content in any suits, claims, proceedings, or actions against CHS or its directors, officers, employees, contractors, agents, partners or affiliates. You will not commence any class action or similar proceedings on behalf of or as representative of any third party against CHS or its directors, officers, employees, contractors, agents, partners or affiliates.

General Terms

These Terms of Use will enure to the benefit of CHS and its successors and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provisions shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect. CHS's failure to enforce or insist upon strict performance of any term or condition of these Terms and Conditions shall not constitute a waiver of any such term or condition or of subsequent compliance by you with these Terms of Use. These Terms of Use, being personal to you, may not be assigned, in whole or in part, by you.